The National Labor Relations Board (NLRB) has entered into two Memoranda of Understanding (MOUs) – one with the Federal Trade Commission (FTC) and the other with the U.S. Department of Justice (DOJ) – that are designed to facilitate information sharing between the agencies for the purpose of prosecuting employers whose business practices put workers at risk of harm because of anticompetitive conduct. This targeted conduct includes unfair labor practices, the use of collusive behavior, and business models designed to evade legal accountability, such as the intentional misclassification of employees.
Although there is nothing unusual about federal enforcement agencies sharing information, these latest agency MOUs further underscore the Biden Administration’s intent to use the regulatory and enforcement authority of the federal government to aggressively go after antitrust violations in the labor market, not surprisingly at the urging of organized labor.
Members of the Center for Workplace Compliance (CWC) can read more here.